CH. IJAZ AHMAD, J.-- Brief facts out of which the present writ petition arises are that the petitioner appeared in the B.A. 2nd Annual Examination 1993 held by the respondents under Roll No. 21966 with registration No. 93-Z-28184. Petitioner was decelerated successful by the respondents in all the subjects except English Language which was shown as R.L (Result Later On) as is evident from copy of result gazette dated 15.8.1994 attached with the writ petition as annexure-A. Subsequently, the petitioner was declared passed in English Language by the respondents vide notification No. 252 on 12.9.1995 as is evident from annexures attached with the writ petition. The notification reveals that the petitioner secured 435 marks out of 800 marks. Result copy was also issued by the respondents to the petitioner on 15.8.1994 as is evident from annexure-B-I attached with the writ petition. Petitioner also filed an application for issuance of B.A degree to the respondents. The respondents issued the degree to the petitioner on 18.11.1995 as is evident from annexure-C attached with the writ petition. Petitioner was got appointment in the Legislative Assembly of A.J.K.
On 1.12.1995 as Protocol Officer. The B.A. Degree of the petitioner was got verified from the respondent-University by the office of the Legislative Assembly of A.J.K. Respondents issued certificate qua the genuineness of his degree on 15.5.1996 as is evident from annexure-D. Petitioner completed his service with the satisfaction of this employer over 4 years. On change of Government the petitioner was issued charge sheet by the Secretary Legislative Assembly of A.J.K on 16.12.1999 on the allegations that the respondent-University had declared the petitioners B.A.
Degree as fake, bogus vide verification dated 7.12.1999 which reveals that the present respondents had checked the relevant record and found that Roll No. 21966 was allotted to Adeel Anjum Son of Aziz-ur-Rehman in the said examination i.e. 2nd annual examination 1993. Petitioner challenged the verification certificate issued by the respondents on 7.12.1999 through this Constitutional petition.
2. Learned counsel for the petitioner submits that the impugned verification certificate was sent to the respondents to his employer without issuing any show-cause notice to the petitioner and without providing personal hearing to the petitioner. Therefore, same is hit by the principle of natural justice. In support , of his contention he relied upon the following judgments:- 1999 PLC CS 1464 (b) (Dil Bahadur Khan's). 1994 SCM R 2232 (Ms. Aneesa Rehman's case). 1999 PLC CS 1194 (Fouzia Ahmad's case).
He further submits that action of the respondents is without lawful authority as' the same was passed in violation of the procedure prescribed by the respondents under their regulations. In support of his contention he relied upon the following judgment.
1999 PLC CS 1391 (Muhammad Malook's case) He further ,admitts that respondents have only authority to take action against the petitioner within three years as is evident from regulation of the respondents published in volume-2 of the regulation of the University of the Punjab for the year 1977-78 in Chapter-VI, He further submits that respondents had taken action against the petitioner after 5 years. Therefore, same is not sustainable in the eyes of law. He further submits that principle of Focus notentiae is attracted in all respects.
3. Learned Legal Advisor of the respondents submits that petitioner did not appear in the B.A.2nd Annual Examination 1993 held by the respondents under Roil No. 21966: Adeel Anjum son of Aziz-ur- Rehrnan appeared in the B.-A. 2nd' Annual Examination 93 held by The respondents under Roll No 21966 as Ex-student of the Govt. Islarnia College Gujranwala who first time appeared in B.A. Annual Examination 93 under Roll No 34728 as regular student of Govt. Islamia College Gujranwala and his result was declared as fail, in English language as the copy of the same is attached as Annexure- I/1-A with , the report and parawise comments. He further submits that after inquiry it was found that the name of Mushtaq Ahmed 'son of Muhammad Bashir had been-inserted in place of the real candidate Adeel. Anjum son of Aziz-urRehman leaving the column for registered No. Blank and giving the District of Mushtaq Ahmed as Muzattarabad 'in place of Govt. Islarnia College Gujranwala. He further Submits that 2nd annual examination was held by the respondents in the month of March arid April 1994 When the petitioner was accompanying the Speaker of the Assembly of A.J.K. As his P.R.O had withdrawn T.A/D.A Rs. 1374 for the period between 27th March 1994 to first May, 1994 as is evident from annexure-Il. H further submits that. The cutlist for the, examination was prepared by the respondents District wise and the page of the cutlist for Gujranwala District in the result sheet are from pages 602 to 611 which proves the culpability of the petitioner. He further submits that petitioner had to -appear in the Examination held by the respondents after obtaining NOC of the University of A.J.K: in. Whose jurisdiction the petitioner was resided. The petitioner did not obtain NOC and did not submit admission form to appear in the said Examination. He further submits that petitioner approached this Court with un-clean hands and, wanted benefit of the forgery as is evident from the results statements. Therefore, question of providing personal hearing or issuing charge sheet does not arise. He further submits that condition of 3 years is also not applicable in case of petitioner as the petitioner did not appear in the said. Examination. In support of his contention he relied upon PLD 1971 S.C. 124 (Mansab A.I's case).
4. I have given my anxious consideration to the contentions of the learned counsel for the parties and perused the record myself, The cutlist clearly reveals that the name of the petitioner was mentioned in the list Of the students who appeared from .The District Gujranwala. The word Gujranwala was crossed and word ,Muzaffarabad A.J.K was inserted in writing by hand. The peculiar features of the case is that no enmity whatsoever has been alleged against the respondents by the petitioner. Therefore writ petition iS not maintainable as per principle laid down by this Court is Saeed Nawaz's case (PLD 198.1 Lahcre 371). It is also settled proposition of law that no obligation to offer an opportunity of being heard arises where the authority simply seeks' to correct mistake viz to cancel an earlier declaration that the petitioner has passed the examination which was wrong. He did .Not appear in the said examination or where the student secured a certificate through fraudulent device. I am fortified by the reported judgments Sureshi V Berhampur University (AIR '19.87 Orissa 38 and UPJDAC V. Nandwani (1990) 4 SCC 633. It is also settled principle of law that general allegations of mala fides are not sustainable in the eyes of law. In arriving to this conclusion I am fortified by the law laid down by the Hon'ble Supreme Court in Saeed Ahmad Khan's case PLD 1974 S.C.
151. Respondents had produced the original record in Court aIongwith report and parawise comments which reveals that the petitioner did not appear in the said examination. It is pertinent to mention here that original record shows the aforesaid position. I have seen the aforesaid original documents. Therefore, there is no justification to doubt the authenticity.
This brings the case where the evidence of un-fair means is perfectly plain and transparent.
Petitioner is beneficiary of the change in the aforesaid documents. In arriving to this conclusion I am fortified by the following judgments:-- 1979 SCM R 549 (Akhtar A.I's case)
1999 YLR 1243 (Haider A.I's case) was upheld by the Hon'ble Supreme Court in Constitutional petition No. 475-L-99 Suleman Riaz Vs. BISE (1999 YLR 1229) and 1999 SCM R 2640 (Amjad Yasin's case). The aforesaid documents reveal that petitioner did not appear in the said examination as alleged by the petitioner. In this view of the matter, the action of respondents is valid. In arriving to this conclusion I am fortified by the following judgments:-- PLD 2000 Karachi, 154 (Farrukh-ud-Din 's case) 1999 SCMR 2604 (Amjad Yasin's case).
The principle of locus-poenitentiae is not attracted in the present case as per principle laid down by the Hon'ble Supreme Court in Jalal-ud-Din's ease (1992 S.C. 207) and Rehmat Siddiqui's case (PLD 1975 Lahore 257) and 1977 SCM R 213). It is also settled principle of law that lapses of time does not sanctify the action based on fraud and mis-representation. In arriving to this conclusion I am fortified by the law said down by the Hon'ble Supreme Court in Samar Pervaiz's case (PLD 1971 S.C.
838). Learned counsel for the petitioner failed to point out that action of the respondents is in violation of their rules and regulations. Therefore, writ petition is not maintainable as per principle laid down by the Hon'ble Supreme Court in,A.I Mir's case (1984 SCM R 433). After perusing the original record I have ,come to the conclusion that petitioner did not approach this Court with clean hand S. In this view of the matter 1 am not inclined to exercise my discretion in favour of the petitioner on the well known principle that he who seeks equity must come with clean hands as per principle laid down by the Hon`ble Supreme Court in the following judgments:-- 1969 SCM R 141 (Abdur-Rashid's case).
1983 SCM R 196 (Ghulam Mustafa's case).
1973 S.C. 236 (Nawabzada Ronaq Ails case). 1990 CLC 1783 (G.M. Malik's case).
The judgments cited by the learned counsel for the petitioner are distinguished on facts and law and have no relevancy to resolve the present controversy. In view of what has been discussed above, this writ petition has no merits and the same is dismissed.
5. It is pertinent to mention here that students cannot be in a position to use un-fair means in the examination without active support of supervisory staff examiners, employees of Board and Universities. Since the creation of Pakistan' there are only few instances where supervisory staff, examiners or employees of Boards and Universities were convicted and sentenced. In, the sent to of Justice and fair play let a copy of this judgment be sent to the Vice Chancellor University of the Punjab to hold inquiry as to how it happened that a bogus certificate was issued on behalf of the University and was placed in the hands of the petitioner. This shows that there are some loopholes in the system of examination conducted by the University or record maintained by the University which. Need to be immediately plugged to attach respectable status to the academic certificates issued by the University. If need be, the University can recourse to criminal or disciplinary action, of any if its employee is found to be guilty in the preparation or issuance of this bogus certificate or other certificates of its kind. The Vice Chancellor of the University shall after holding comprehensive and detailed inquiry will send his finding to the Addl: Registrar (Judl) of this Court so that if necessary for action may be initiated to up-hold the sanctity of the Educational Institutions in the Country.